(HM) being offered or accepted for transportation in interstate or intrastate commerce. Additionally,
Title 49 CFR authorizes the use of the Canadian Government Transport of Dangerous Goods (TDG),
the International Maritime Dangerous Goods Code (IMDGC), and the International Civil Aviation
Organization (ICAO) Technical Instruction for shipments into and out of the United States. These
communication systems help to quickly identify hazardous materials requiring special shipping,
storage and handling requirements. In cases of an emergency that may involve hazardous materials,
first responders have immediate indicators of their presence.
B. Title 40 CFR, Parts 1-799, Protection of Environment: The following statutes are relevant to the
identification of Hazardous Wastes and are administered by the Environmental Protection Agency
(EPA).
1. The Resource Conservation and Recovery Act (RCRA) of 1976, as amended in 1984, focuses
on regulating Hazardous Wastes (HWs). RCRA defines hazardous wastes by their characteristic of
ignitability, corrosivity, reactivity, toxicity, or a special EPA listing. The regulations established a
cradle-to-grave manifest system for tracking hazardous wastes. Owners of underground storage tanks
containing petroleum products and regulated substances must notify the states of the existence of all
underground tanks.
2. The Comprehensive Environmental, Response, Compensation and Liability Act (CERCLA) of
1980, as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986, provides
a system for identifying and cleaning up chemical and hazardous substances released into the air,
water, groundwater, and on land. CERCLA requires that spills or discharges of over 700 substances
in excess of 1 to 5,000 pounds (depending on the substance) be reported immediately to the National
Response Center. In the event of a hazardous substance release, EPA may initiate an emergency
response which follows the procedures and methods set forth in the National Contingency Plan,
including discovery, investigation, evaluation and removal activities. Executive Order 12856 of 1993
directed all Federal agencies to comply with SARA Title III, Emergency Planning and Community
Right-to-Know. Each facility is required to notify their State Emergency Response Commission
(SERC) and Local Emergency Planning Committee (LEPC) that they have a Threshold Planning
Quantity (TPQ) of any Extremely Hazardous Substance (EHS) in concentrations greater than 1
percent (or 0.1 percent for carcinogens). Hazardous chemicals at facilities may be identified by
reviewing MSDSs which are required by the Occupational Safety and Health Administration
(OSHA). Inventories of hazardous chemicals in excess of 10,000 lb. or EHSs in excess of 500 lb.
shall be identified in the Tier I or Tier II report submitted to the SERCs and LEPCs. The annual
Form R is submitted to EPA and the SERC for toxic chemical releases which exceed threshold levels.
Facilities must also immediately report to the proper authorities any emergency release that exceeds
the Reportable Quantity (RQ) of EHS or CERCLA listed substances.
3. The Toxic Substances Control Act (TSCA) of 1976 gave EPA the broad authority to regulate
chemical substances which were not covered by other laws and which have the potential to create
adverse health or environmental effects. Chlorofluorocarbons (CFC), because they deplete
stratospheric ozone, and Polychlorinated Biphenyls (PCBs), because of their chronic health effects,
are two examples of TSCA regulated chemicals. Chemical manufacturers and importers shall
provide EPA with a Premanufacture Notice and provide available health and environmental effects
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